2004-05-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MAY 4, 2004 - - 7:30 P.M.
Mayor Johnson convened the regular meeting at 7:49 p.m.
ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(04 -189) Mayor Johnson announced that the recommendation to accept
the Citywide Retail Policy Report [paragraph no. 04 -212] would be
continued to June 1.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(04 -190) Proclamation declaring the month of May as Older
Americans month.
Mayor Johnson read the proclamation and presented it to Chuck
Monedero, Mastick Senior Center Advisory Board President, and
Jackie Krause, Senior Services Manager.
(04 -191) Presentation by the Police and Fire Chiefs on Emergency
and Disaster Preparedness.
The Police and Fire Chiefs gave a Power Point presentation.
Vice Mayor Daysog stated the information is very important; the
public needs to know the City is well prepared; requested that the
presentation, possibly translated into video format, be put on the
City's website; stated the schools should be made aware that the
City has a system in place; parents should know children will be
safe in schools.
The City Manager stated staff would place the information on the
website.
Vice Mayor Daysog suggested information about the resource be
placed in each schools' Parent Teacher Association's letter.
Mayor Johnson inquired whether the Police Department works with
schools on campus safety and security.
The Police Chief responded that every fall the Police Department
meets with staff at each campus; School Resource Officers are at
the middle and high schools all the time; staff works closely with
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May 4, 2004
the Alameda Unified School District on a variety of levels.
Mayor Johnson stated some schools have implemented videotaping and
metal detectors; inquired whether the City is comfortable with the
campuses in Alameda.
The Police Chief responded in the affirmative.
Councilmember Kerr inquired whether there is a gun problem in
schools, to which the Police Chief responded in the negative.
Councilmember Matarrese inquired whether the schools and public
buildings have yearly exercises in order to be prepared for a real
emergency.
The Fire Chief stated the school handles its exercises and drills;
the Fire Department is involved to ensure evacuation times are met;
the Department will test City buildings in the future.
CONSENT CALENDAR
Mayor Johnson announced that introduction of the ordinance Amending
Alameda Municipal Code Subsection 2 -8.2 [paragraph no. 04 -199] was
removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04 -192) Minutes of the Special Council Meeting of April 19, 2004
and the Special and Regular City Council Meetings held on April 20,
2004. Approved.
( *04 -193) Recommendation to accept Quarterly Financial Report for
period ending March 31, 2004. Accepted.
( *04 -194) Recommendation to authorize Call for Bids for Legal
Advertising for the Fiscal Year ending June 30, 2005. Accepted.
( *04 -195) Recommendation to approve the purchase of two vehicles
for the Abandoned Vehicle Abatement Program. Accepted.
( *04 -196) Recommendation to authorize the City Manager to execute
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May 4, 2004
the First Amended and Restated Agreement for Operation, Maintenance
and Management of Public Marine Transportation Terminal Facility
and the Assignment and Assumptions regarding certain licenses,
permits and obligations under Planning approvals for the Marine
portions of the Harbor Bay Ferry Terminal. Accepted.
( *04 -197) Resolution No. 13701, "Approving the Proposed Revisions
to the Alameda Countywide Clean Water Program Agreement." Adopted.
( *04 -198) Resolution No. 13702, "Authorizing the City Manager to
Submit Grant Applications to the California Integrated Waste
Management Board for All Available Grants under the California Oil
Recycling Enhancement Act and All Available Household Hazardous
Waste Grants under the California Integrated Waste Management Act
for the Period of July 1, 2004 through June 30, 2008." Adopted.
( *04 -199) Resolution No. 13703, "Adopting the City of Alameda
Measure B Paratransit Service Plan." Adopted.
(04 -200) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 2 -8.2 (Membership; Term of Office;
Removal) and 2 -8.3 (Qualifications; Quorum; Voting) of Section 2 -8
(Transportation Commission) of Chapter II (Administration) to
Reduce the Size of the Transportation Commission from Nine to Seven
Members; Allow for Staggered Terms; and Reduce the Size of the
Quorum from Five to Four Members. Not introduced.
Councilmember Kerr stated that introduction of ordinances should be
on the regular agenda; the tradition for boards, commission and
committees has been for the Mayor to make nominations, with Council
choosing whether or not to approve the appointment; the
recommendation includes that two specific members be eliminated
from the Transportation Commission, which should fall under the
Mayor's prerogative for nominating.
Councilmember Kerr moved approval of having the matter
[introduction of ordinance] return allowing the Mayor to choose
what to do [about elimination of members].
Councilmember Matarrese seconded the motion.
Under discussion, Mayor Johnson inquired how the terms were
staggered for the Public Art Advisory Committee.
The City Clerk responded that the Recreation and Parks Director had
the Committee hold a random drawing to select terms; three members
have four -year terms and two members have two -year terms.
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Mayor Johnson stated that said practice follows tradition; the
recommendation tonight seems complicated; that she would prefer to
follow the normal process for staggering terms; four members should
have the same term expiration, which differs from the other three
members' term expiration.
Councilmember Kerr amended the motion to include the Mayor's wish
to have the term staggering conform to the usual process of other
boards and commissions.
Councilmember Matarrese concurred with the amendment to the motion.
The City Attorney inquired whether Council would prefer the
ordinance be introduced tonight and changes be made at final
passage.
Councilmember Kerr stated the motion was to have the ordinance
return for introduction.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *04 -201) Ratified bills in the amount of $3,697,550.91.
REGULAR AGENDA ITEMS
(04 -202) Resolution No. 13704, "Appointing Heather Tremain as a
Member of the Housing Commission." Adopted.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(04 -203) Public hearing to consider DAA04- 01 /MPA04 -0001 for
Advancing California's Emerging Technologies, 555 Mitchell - Mosley,
the Former Fleet Industrial Supply Center Site northwest of Mariner
Square Loop, Tract 7179. The Applicant requests: 1) Development
Agreement Amendment to release the ACET parcel from the Catellus
development; 2) Amendment to the Catellus Master Plan to modify
Catellus's obligations to meet certain Master Plan requirements by
allocating obligations between ACET and Catellus; and 3) Amendment
to the Catellus Mitigation Monitoring and Reporting Program (MMRP)
mitigations to modify Catellus's obligations to meet certain MMRP
requirements by allocating obligations between ACET and Catellus.
The site is located within the MX, Mixed Use - Planned Development
Zoning District;
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(04 -203A) Introduction of Ordinance Approving Development Agreement
Amendment DAA04 -0001 for a Mixed Use Development including Single -
Family Residential, Office, Research and Development, Open Space,
and Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda Fleet Industrial Supply Center and Annex and Naval
Air Station Alameda East Housing to Release the ACET Parcel from
the Catellus Development. Introduced;
(04 -203B) Introduction of Ordinance Approving Master Plan Amendment
MPA04 -0001 for a Mixed Use Development including Single- Family
Residential, Office, Research and Development, Open Space, and
Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda Fleet Industrial Supply Center and Annex and Naval
Air Station Alameda East Housing that would modify Catellus'
Obligations to Meet Certain Requirements of the Master Plan by
Allocating Those Obligations between ACET and Catellus.
Introduced; and
(04 -203C) Resolution No. 13705, "Amending the Mitigation Monitoring
and Reporting Program (MMRP) for the Catellus Mixed Use Development
(State Clearinghouse #1998112078) Modifying Catellus' Obligations
to Meet Certain Requirements of the MMRP by Allocating Those
Obligations between ACET and Catellus." Adopted.
Mayor Johnson opened the Public Hearing and there being no
speakers, Mayor Johnson closed the public portion of the Hearing.
Councilmember Kerr requested an example of the responsibilities
that will be split between Catellus and ACET.
The Base Reuse and Redevelopment Manager stated the Master Plan
requires development of a Master Sign Plan for the entire business
park; the responsibilities would be divided to require that ACET
prepare a sign plan for its project and Catellus would submit a
sign program for the balance of the development when the first
building in the remainder of the business park is built; Catellus
is required to create a program for carpoo ling/ ride sharing; ACET
would be required to create a program, with Catellus presenting the
balance of the program when the remainder of the business park is
first developed; ACET will be required to contribute its pro -rata
share for the traffic signal which will be installed at Mariner
Square Loop.
Councilmember Kerr inquired whether staff and Catellus are
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May 4, 2004
discussing sign design with ACET.
The Base Reuse and Redevelopment Manager responded in the
affirmative; stated the three party Disposition and Development
Agreement gave Catellus the right to review design and have input.
Councilmember Matarrese moved introduction of the ordinances and
adoption of the resolution.
Vice Mayor Daysog seconded the motion.
Under discussion, Mayor Johnson inquired when construction would
begin.
The Base Reuse and Redevelopment Manager responded a groundbreaking
ceremony would be June 4; however, construction would not begin
until September.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(04 -204) Public Hearing to consider collection of delinquent
business license fees via the property tax bills.
Councilmember Kerr inquired whether there is a reason Harbor Bay
LLC is involved in a number of large delinquencies.
The Finance Director responded that she is not aware of any
dispute; the company simply happens to be delinquent in paying for
business licenses.
Councilmember Gilmore inquired why there would be a sizeable late
fee without showing license payment is past due.
The Finance Director responded that the license was probably paid
late and only the penalty payment is outstanding.
Councilmember Kerr moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(04 -205) Recommendation to accept the Citywide Retail Policy
Report. Continued to June 1, 2004.
(04 -206) Ord.
Amendment to
Alameda and
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Alameda City Council
May 4, 2004
.nance No. 2922, "Approving and Authorizing First
the Multiple Site Lease Agreement between City of
American Tower Corporation for Development and
I
Operation of Wireless Telecommunication Facilities on City Property
at the Chuck Corica Golf Complex and Fire Station #4." Finally
passed.
Councilmember Gilmore moved final passage of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(04 -207) Frank Anderson, Alameda, stated that he was speaking on
behalf of himself, George Wong and their neighbors; stated the
vacant lot at the corner of Peach and Calhoun Streets is being used
as a construction staging area for Alameda Power and Telecom (AP &T)
to lay fiber optic line; AP &T's subcontractor stores and breaks up
asphalt and cement on the site; there is constant noise and dust in
the residential neighborhood; the activities pose an environmental
health and safety concern; Mr. Wong's children have experienced
increased sinus problems within the past month; another neighbor
wears a mask when outside.
George Wong, Alameda, showed photographs to the City Council and
submitted a letter to the City Manager.
Mayor Johnson suggested that Mr. Anderson and Mr. Wong work with
the City Manager.
The City Manager stated staff would follow up.
Councilmember Kerr stated the type of activities mentioned are not
allowed in the Zoning Code, even in the M -2 [General Industrial]
district; construction activities must happen in an enclosed
building in the M -2 zone; a contractor tried activities near her
residence and was shut down and moved out promptly; that she cannot
imagine a City department violating the Zoning Code.
Mr. Anderson stated activities have been on -going for eight months;
the area has been used as a staging area before; future activities
should not be tolerated; the site should be used in a positive way.
(04 -208) Alan Elnick, Alameda City Employee Association (ACEA) and
Operating Engineers Local 3, stated ACEA has authorized its
negotiating committee to call a strike or other work action should
negotiations with the City falter; the defensive action was
necessitated by the City management's departure from the agreements
that exist between the two groups; by law, the City has an
obligation to offer terms and conditions of employment and to
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advise, inform and invite discussion when it seeks to deviate from
existing terms and practices; said departure forced the union to
pursue its current agenda; the union has filed for judicial remedy
at the Public Employee Relations Board, which has jurisdiction over
such matters; it is disappointing that the City would choose to
spend scarce resources to defend an action that would cost less
than the potential future litigation if the City would relent to
the condition that exists; ACEA remains committed to negotiate.
(04 -209) Michael John Torrey, Alameda, thanked Vice Mayor Daysog
for sending a letter last month.
(04 -210) Michael Miraglia, Miraglia Catering, submitted a letter
to Council; stated next week, he will be forced to take action
against the City; outlined the history of his interactions with the
City regarding the Officers Club.
(04 -211) Cheryl Miraglia, Miraglia Catering, stated Miraglia
complied with all promises until the City indicated it would no
longer honor the agreement; outlined legal activities; stated that
she would like to meet with the Council to discuss the matter.
(04 -212) Pam Telschow, Alameda, discussed bus shelter safety
concerns; stated there should be more opportunity for public
comment before a decision is made.
Mayor Johnson stated there would be opportunity for more public
comment.
COUNCIL COMMUNICATIONS
(04 -213) Councilmember Kerr stated that she would like certain
issues addressed when the retail policy document returns to
Council; Council directed that new retail not take away from
existing businesses; although the Council did approve going
forward, the document assumes Enterprise Landing will go in; the
report does not adequately cover capture of retail leakage in areas
which will be developed, such as the Del Monte building and new
construction at Alameda Point; the study of Enterprise Landing
indicated 400 of retail leakage occurs because Harbor Bay Isle
residents are closer to Davis Street; when the big box shopping
center goes in on Hegenberger, it will be more convenient for
Harbor Bay Isle residents, who have the highest disposable income;
said residents probably will not travel all the way to the west
end; Alameda Point Community Partners consultants put out a report,
which made more sense than the two quoted in the retail policy
document and should be incorporated.
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The City Manager stated the issues would be addressed as part of
the presentation on June 1.
Mayor Johnson stated there would be a presentation on June l; there
might be other comments and questions; the report does not need to
be accepted June 1.
The City Manager concurred with Mayor Johnson's comments.
Mayor Johnson noted the report would result in changes to the
General Plan.
Councilmember Gilmore stated the most important recommendations
from the report are already underway; the Webster Street business
district would not lose any ground while the City takes time to
review the policy.
Vice Mayor Daysog noted the retail environment is competitive;
other shopping centers could come on line; the Council should
determine what is best for residents.
The City Attorney noted the matter is on the agenda and could be
opened or Council could provide comments to the City Manager prior
to June 1.
Vice Mayor Daysog stated Target might want to locate in Alameda,
but could end up in Oakland; issues need to be considered and
reviewed.
Mayor Johnson and the City Manager requested comments be submitted
to the City Manager.
(04 -214) Vice Mayor Daysog inquired whether a policy is in place
regarding placing introduction of ordinances on the Consent
Calendar.
The City Manager stated, traditionally, introduction could be
placed on the Consent Calendar; if there are concerns, the
ordinance can be pulled from the Consent Calendar for discussion.
Councilmember Kerr stated that she understood ordinances were
generally on the regular agenda.
The City Clerk clarified final passage has always been placed on
the regular agenda; however, introduction could be on either the
Consent Calendar or Regular Agenda.
The City Manager stated staff could no longer place introduction on
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the Consent Calendar.
(04 -215) Councilmember Matarrese stated that he received a letter
from Pacific Shops about a floating barrier project in the Estuary;
requested staff review the matter and provide a report to the Coast
Guard from the City on the proposal; provided a copy of the letter
to the City Manager; stated the proposal seems ill advised.
The City Manager stated staff would follow up.
Councilmember Matarrese requested the matter be placed on a Council
agenda for discussion.
Councilmember Gilmore stated if the City would be talking with the
Coast Guard, the wake issue should also be addressed.
The City Manager stated staff would follow up.
Councilmember Kerr stated one question is what would happen to the
barriers when the Coast Guard docks its cutters.
Councilmember Matarrese stated the barriers would increase the wake
problem.
(04 -216) Mayor Johnson wished Councilmember Gilmore's daughter a
happy birthday on behalf of the Council.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:13 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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May 4, 2004